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HomeMy WebLinkAboutORDINANCES-1964-036-O-64• r, i i 3 36-0-64 AN ORDINANCE Amending Section XII, Sub- sections A. CO D, H. and I, Inclusive, of the Evanston Zoning Ordinance, Adopted November 21, 1960. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the following paragraphs, subsections, and sections of the Evanston Zoning Ordinance, adopted November 21, 1960, as amended, be further amended so that the same shall • hereafter be and read as follows: 1. That Subsection A of Section XII, be amended so that the same shall heareafter be and read as follows: "A. ENFORCING OFFICERS The Director of Building and Zoning and the Director of Planning and Conservation of the City of Evanston, together with their author- ized -representatives, are hereby designated to enforce this ordinance. 1. Director of Building and Zoning In furtherance of this authority and in addition to the duties designated to him under the Building Code and other ordi- nances the Director of Building and Zoning and his authorized representatives shall: a. receive applications for building or erection permits for the construction, erection, alteration, enlargement, and removal of buildings, structures, and signs; receive applications for permits for the development or improvement of • any premises for a parking lot, open sales lot, or other purposes where a building permit is not required; issue permits applied for as soon as practicable where the plans are found to comply with the provisions of this ordinance and all other laws and ordi- nances applicable thereto; make and maintain records thereon; b. receive applications for certificates of use and occupancy for buildings, struc- tures, and signs for which buildings or erection permits have been issued and which have been constructed, erected, altered, enlarged or moved in accordance with such permits and are ready for use and occupancy; receive applications for certificates of use and occupancy for any premises developed or imporved as a parking lot, open sales lot, or other purposes where a building permit is not required; issue certificates of use and occupancy applied for as soon as possible • after verification of written application; c. conduct inspections of buildings, struc- tures, signs and uses of any premises to determine compliance with the terms of any application, permit, or certifi- cate issued by his office; • d. maintain permanent and current records of this ordinance including, but not limited to, official actions on all amendments, special uses, variations, appeals, and applications therefor; e. provide such clerical and technical assistance as may be required by the Board of Appeals in the exercise of its duties; and f. make an annual report to the City Manager on the work of the Building Department on the enforcement of this ordinance. -2- • • • 117 2. Director of Planning and Conservation In furtherance of the authority conveyed by this ordinance, and in addition to all other duties designated to him, the Direc- tor of Planning and Conservation and his authorized representatives shall: a. receive applications for zoning exception certificates for special uses created by the adoption of this ordinance and for buildings, structures, and land which become non -conforming under the provisions of this ordinance; determine the normal useful life of all noncon- forming buildings and structures sub- ject to elimination in accordance with the provisions of Section XI; issue zoning exception certificates applied for as soon as possible after verifi- cation of the application. Where the use and occupancy of the buildings, structures and land are subject to elimination, certificates shall be issued only for such periods of time as are established by the provision of Section XI of this ordinance; b. conduct inspections of buildings, struc- tures, and uses of any premises to determine compliance with the terms of this ordinance and issue certificates of inspection where compliance with the ordinance has been verified; c. maintain permanent and current records of all functions of the Department of Planning and Conservation related to the administration of this ordinance, including, but not limited to, official actions on all amendments, zoning exception certificates, certificates of inspection and applications therefor; d. receive petitions for proposed zoning amendments and provide such clerical and technical assistance as may be re- quired by the Zoning Amendment Committee in the exercise of its duties; and -3- • 118 e. make an annual report to the City Manager on the work of the Depart- ment of Planning and Conservation on the enforcement of this ordinance." 2. That Subsection C of Section XII, Paragraph 2, be amended so that the same shall hereafter be and read as follows: 112. Procedure for Amending this Ordinance The Zoning Amendment Committee shall consider from time to time any amendment to regulations imposed and districts created under this ordi- nance when (1) a properly prepared petition has been presented to the Committee or (2) a pro- posed amendment has been referred to the Committee by the Evanston City Council. The Committee shall conduct public hearings with respect to any and all such proposed amendments, and all hearings conducted by the Committee shall be open to the public. Notice shall be given of the time and place of every public hearing not more than thirty days • nor less than fifteen days before the hearing, by publishing a notice thereof at least once in one or more newspapers published in the city, or, if no newspaper is published therein, then in one or more newspapers having a general circulation within the city." 3. That Subsection C of Section XII, Paragraph 3, be amended so that the same shall hereafter be and read as follows: 113. Petitions for Amendments Written petitions proposing amendments and requesting the Zoning Amendment Committee and the City Council to consider such amendments may be made: (1) By any governmental agency, in such manner and pursuant to such procedure as the City Council may deem appropriate; or (2) By any person, firm, corporation, or organiza- tion, but only in the manner and pursuant to the procedure hereinafter set forth; • -4 - • a. Prior to preparation of a petition, a prospective petitioner should (but is not required to) consult informally with the Department of Planning and Conservation b. Form of Petition The petition shall be made in duplicate, shall be in such form and accompanied by such information as shall be prescribed from time to time by the Zoning Amend- ment Committee but shall in any event include the following: (1) The petitioner's name, address, and interest in the petition and the name, address, and interest of every person, firm, corporation or govern- mental agency represented by the petitioner in the petition; (2) The precise wording of the proposed amendment, together with concise explanation of its presumed effect; (3) A statement containing all the cir- cimstances, factors and arguments that the petitioner offers in support of the proposed amendment; (4) In the event that the proposed amend- ment would result in the reclassifi- cation of any property; (a) A statement specifying the names of the owners of the land pro- posed to be reclassified (the owners of a majority of the land must be to the said petitio�arties ; (b) The street address of the land proposed to be reclassified; (c) A legal description of the land proposed to be reclassified; (d) The present zoning classification and use of the land proposed to be reclassified; -5- • c. Filing of Petition 120 A petition proposing an amendment shall be presented to the Director of Planning and Conservation for filing. Said Direc- tor shall accept for filing all such petitions presented, except that; (1) A petition shall not be accepted for filing unless it meets the require- ments of this Section XII, Part C; (2) A petition, except a petition pre- sented on behalf of a governmental agency, shall not be accepted for filing unless accompanied by pay- ment of a fee as specified in Section XII, Part H.; (3) A petition proposing the reclass- ification of any property shall not be accepted for filing within 12 months after the Zoning Amendment • Committee shall have held a public hearing on any other proposed amend- ment that would, if adopted, have resulted in the same reclassification of all or any part of the same prop- erty. d. Dispostion of Petitions The Director of Planning and Conservation shall transmit all accepted petitions or copies thereof to the Zoning Amendment Committee." 4. That Subsection C of Section XII, Paragraph 3, be changed to Paragraph number 4. 5. That Subsection C of Section XII, Paragraph 4, be changed to Paragraph number 5. 6. That Subsection D of Section XII, Paragraph 2, be amended so that the same shall hereafter be and read as follows: 0 -6- 0 • 121 "D. REQUIRED PERMITS, CERTIFICATES AND INSPECTIONS 2. Certificate of Use and Occupancy No parking lot or land shall be used or occupied hereafter and no building, or structure hereafter erected or structurally altered, enlarged, or moved shall be used or occupied in whole or in part for any purpose whatsoever until a certificate of use and occupancy has been issued by the Director of Building and Zoning, stating that the building and the proposed use of the building and land comply with all ordinances, including the provisions of this ordinance, Any use or occupancy without the issuance of such a certificate by the Director of Building and Zoning shall be considered a violation of the provisions of this ordinance. No change of use shall be made in any building, parking lot, or part thereof now or hereafter erected or structurally altered or enlarged that does not comply with the provisions of this ordinance and a certificate of use and occupancy shall be required for any such change of use. When any building, structure, or use of land or building is entitled thereto, the Director of Building and Zoning shall issue a certif- icate of use and occupancy as soon as possible after_ verification of a written application therefor, on request, to any persons having a proprietary or tenancy interest in the building affected." 7. That Subsection D of Section XII, be amended by adding thereto Paragraph number 3, so that the same shall here- after be and read as follows: 113. Zoning Exception Certificate A zoning exception certificate shall be issued by the Director of Planning and Conservation or his authorized representative for any parcel of land which has been granted relief from an of the provisions of this ordinance due to (1f its establishment as a lawful non -conforming 122 building, structure, or use, (2) its establish- ment as a lawful special use, (3) the ranting of a variation by the City Council or ?4) court action. Any person, corporation or association claiming a lawful special use or non -conforming use of any premises, building or structure, under the terms and provisions of this ordinance, shall file an affidavit together with an application for a zoning exception certificate for said premises, building or structure, with the Director of Planning and Conservation on forms prescribed by the Director of Planning and Conservation. The Director of Planning and Conservation shall cause an inspection to be made to ascertain whether said use is in fact (1) non -conforming and lawful or (2) a lawful special use and if so, he shall issue a zoning exception certificate. Said use shall be sub- ject to all of the terms and conditions of this ordinance and all other ordinances of the City of Evanston. No affidavit for a zoning exception certificate • shall be required for any building or structure which exists lawfully at the time of adoption of this ordinance and which is non -conforming solely with respect to one or more of the following minimum requirements for new buildings and structures hereafter erected: (1) Bulk, Ground floor area per dwelling, (3) Yards, M2) Gross floor area, or (5) Off-street parking or loading spaces. A zoning exception certificate, however, may be issued for any such building or structure. Any person, corporation or association failing to file the required affidavit and application for a zoning exception certificate as a lawful non- conforming use in accordance with the provisions of this section on or before December 31, 1964 shall be deemed to have renounced, waived and abandoned any claim as a lawful non -conforming use of the premises, building or structure, and shall be barred from asserting any such claims thereafter." 8. That Subsection D of Section XII, be amended by adding thereto Paragraph number 4, so that the same shall here- after be and read as followso 0 -8- • It 123 114. Inspections and Certificates of Inspection The Director of Planning and Conservation and his authorized representatives are hereby authorized to make inspections of all buildings, structures and premises located within the city to determine their compliance with the provisions of this ordinance. For the purpose of making such inspections the Director of Planning and Conservation and his authorized representatives are hereby authorized to enter,_examine and survey, at all reasonable times, all buildings, structures and premises. Whenever the Director of Planning and Conserva- tion or one of his authorized representatives determines that there are reasonable grounds to believe that a violation of any provision of this ordinance exists on any parcel of land within the city, he shall give notice of such alleged violation to the owner, agent or • occupant of said parcel as hereinafter provided. Such notice shall: a. Be in writing and include a statement of any alleged violations; b. Allow a reasonable time for the correc- tion of any violation or the performance of any other required act; c. Be served upon the owner or his agent, or the occupant as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof; (1) is served upon him personally; or 2 is sent by registered mail to his last -known address; or (3) is posted in a conspicuous place in or about the building, structure or premises affected by the action. When such an inspection of a building, structure or premise indicates that no violations of this ordinance exist, and that -no violations of any other ordinance administered by the Director of Planning and Conservation exist, said Director • shall cause to be issued to the owner of said property a Certificate of Inspection attesting to this fact." • 124 9. That Subsection H of Section XII, be amended so that the same shall hereafter be and read as follows: "H . FEES Any application for Special Use, or appeal for a variation, filed by or on behalf of the owner or owners of the property affected, shall be accompanied by a fee of $25. Any petition, other than a petition by a govern- mental agency, for an amendment to this ordinance shall be accompanied by a fee as provided in the following schedule: 1. For an amendment to the text of the ordinance . $25 2. For the rezoning of a single parcel of land . . $25 • 3. For the rezoning of two to four parcels of land held in separate ownership . . . . . . . $50 4. For the rezoning of five or more parcels of land held in separate ownership . . . . . . . $100" 10. That Subsection I of Section XII, be amended so that the same shall hereafter be and read as follows: "I. PENALTIES Execpt as provided below a person who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a fine of not less than $25 nor more than $500. Each day such a violation or failure to comply is continued, or permitted to exist, after notification thereof, shall constitute a separate offense. The penalties provided in this Subsection I shall not apply to any person, corporation, or associa- tiQn who neglects to file an affidavit or an application for a certificate of use and occupancy to claim a lawful non -conforming use as required • under Subsection D.2 of this Section XII." -10- 0 • 125 SECTION 2: That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3: That this ordinance shall be in full force and effect from and after its passa�p, approval and publication in the manner provided by law. INTRODUCED March 23 , 1964 ADOPTED May 4 , 1964 7-j ATTEST; /3/ Maurice F. Brown City Clerk Approved as to forma /S/ Jack M. Siegel Corporation Counsel Published May 14 , 1964 APPROVED May 4, , 1964 /s / John D. Emery Mayor -11- •